Acórdão nº 004124 de Supremo Tribunal de Justiça (Portugal), 11 de Junho de 1996 (caso NULL)
Data | 11 Junho 1996 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: M FERNANDES DIR TRAB VOLI PAG499. M CORDEIRO MAN DIR TRAB PAG801.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART805 N3. LCT69 ART12 N2 ART20 N1 B. DL 64-A/89 DE 1989/02/27 ART9 N1 N2. DL 874/76 DE 1976/12/28 ART7 N1 ART8 N2 N3 ART9 N1.
Jurisprudência Nacional: AC STJ DE 1988/05/28 IN AD N323 PAG1494. AC STJ DE 1988/05/26 IN AD N323 PAG1459. AC STJ DE 1995/03/08 IN AD N403 PAG871. AC STJ DE 1995/05/10 IN AD N408 PAG1412.
Sumário : I - Tendo o trabalhador acordado com a Ré (entidade patronal) adiar as suas férias, já com dia marcado, e não havendo novo acordo, a sua fixação incumbe à entidade patronal, tendo o Autor apenas direito a indemnização dos seus prejuízos. II - Assim, se o trabalhador deixa de comparecer, sem esse acordo da entidade patronal, incorre em faltas injustificadas. III - A justa causa de despedimento importa um comportamento culposo do trabalhador que, pela sua gravidade e consequências, torne imediata e directamente...
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